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by Theodore L. Kubicek

America's judicial system should not be a game that anyone can win .
America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. This book is intended to encourage the legal profession, the judiciary, and the organized bar to remedy America's counter-productive judicial procedures. 'Kubicek here attacks the American adversarial system of criminal justice as a system that allows too many of the guilty to escape unpunished and urges the adoption of an inquisitorial system in which all parties are enjoined to seek the truth, thus eliminating what he sees as the contradiction between attorney's duties to serve as a zealous advocate and their. duties as officers of the court.
Author Theodore L. Kubicek did a beautiful and thorough job from beginning to end.
There are so very many good things I want to say about it that I don't know where to begin. Author Theodore L. I can certainly see why the publisher was anxious to put it in print. A little way into the book, I said to myself that this is material that should be required reading for law students. Later on, I found that Dr. Kubicek felt the same way.
Above them hangs a balloon filled with truth. From the balloon hang two strings, one going to each of the attorneys.
Category: Politics Sociology.
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What's wrong with America's judicial system? Ted Kubicek, JD, says it's the adversarial approach, where winning is everything, and he points out that systems taking an inquisitorial approach are more likely to come to the truth, and to justice. Saved in: Bibliographic Details. Main Author: Kubicek, Theodore L. Format: eBook.
by Theodore L. Kubicek. Select Format: Paperback. ISBN13: 9780875865270.
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to d. .
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (. those deriving from Roman law or the Napoleonic code) where a judge investigates the case.
The American criminal justice system relies on judicial restraint and adversarial advocacy to protect the rights . HofferPeter Charles, A Nation of Laws: America's Imperfect Pursuit of Justice, Lawrence: University Press of Kansas, 2010.
The American criminal justice system relies on judicial restraint and adversarial advocacy to protect the rights of the individual against the power of the state.
Theodore Low De Vinne - The Practice of Typography Modern Methods of Book Composition (1904).
Theodore Low De Vinne - The Practice of Typography Modern Methods of Book Composition (1904). Theodore Low De Vinne.
Oh, those lawyers!
The legal profession in fact, the legal system certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Above all, he condemns the adversary system of justice which is used to evade the truth and which makes winning the paramount goal.Dr. Kubicek postulates that the attorney-client privilege of communication makes the truth more difficult, even impossible, to determine. The adversary system goes hand in hand with the privilege of communication since neither can exist without the other. He advocates moving instead to an inquisitorial system, in which truth is the goal of both parties, not just of the party that would gain thereby. He then shows how the elimination of adversaryism would automatically remedy other problems endemic to the system of justice, too, such as the passiveness of trial judges and juries.Scrapping the adversary system would abolish trial and pretrial procedures and evidentiary rules that confuse law enforcement and trial participants alike. Criminal verdicts would not then depend upon confusing evidentiary or technical matters having no connection to the guilt or innocence of the accused.This book is intended to encourage the legal profession, the judiciary, and the organized bar to remedy America's counter-productive judicial procedures. The argument will also interest anyone who has ever had to go to trial.
"Kubicek here attacks the American adversarial system of criminal justice as a system that allows too many of the guilty to escape unpunished and urges the adoption of an inquisitorial system in which all parties are enjoined to seek the truth, thus eliminating what he sees as the contradiction between attorney's duties to serve as a zealous advocate and their duties as officers of the court. Other recommendations include eliminating attorney-client privilege, eliminating exclusionary rules concerning illegally obtained evidence, and putting voir dire and jury selection entirely in the hands of judges."--Book News